Personality Rights in European Tort Law
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- Gert Brüggemeier, Universität Bremen
- Aurelia Colombi Ciacchi, Rijksuniversiteit Groningen, The Netherlands
- Patrick O'Callaghan, University of Newcastle upon Tyne
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This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.Read more
- Introductory chapter outlining the historical development of the legal protection of personality interests in Europe puts the project in context and introduces some of the metalegal issues
- Introductory chapter explores the topic's relationship with US law, and the trumping effect of freedom of speech
- Comparative remarks at the end of each chapter identifying similarities and differences in approaches, grouping common approaches and methodologies etc.
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- Date Published: April 2010
- format: Adobe eBook Reader
- isbn: 9780511685989
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
1. General introduction
2. Protection of personality rights in the law of delict/torts in Europe: mapping out paradigms
3. American tort law and the right to privacy
Part II. Case Studies:
4. Case 1: the corrupt politician
5. Case 2: convicted law professor
6. Case 3: the paedophile case
7. Case 4: an invented life story?
8. Case 5: a former statesman's family life
9. Case 6: a satirical magazine
10. Case 7: a snapshot of a person
11. Case 8: a paparazzo's telephoto lens
12. Case 9: Naked.Little.Girl.Com
13. Case 10: the late famous tennis player
14. Case 11: the popular TV presenter
15. Case 12: copied emails
16. Case 13: Brigitte's diaries
17. Case 14: tape recordings of a committee meeting
18. Case 15: 'light cigarettes reduce the risk of cancer'
19. Case 16: doctor's non-disclosure of a foetal disease
20. Case 17: WAF – a gang of incompetents?
21. A common core of personality protection.
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